The rapid adoption of artificial intelligence(AI)-driven workplace surveillance poses significant challenges to the protection of workers’ data privacy and other fundamental labour rights. This article provides a comparative analysis of the emerging regulatory framework for AI and data protection in the European Union (EU) and China respectively, focusing on their approaches to regulating AI-driven workplace surveillance. The effectiveness of the EU’s framework is examined, particularly the General Data Protection Regulation (GDPR) and the EU AI Act, alongside China’s developing framework, including the Personal Information Protection Law (PIPL) and the draft AI Act in this context. The two jurisdictions share the goal of protecting workers’ human dignity and emphasize the importance of protecting workers’ data privacy, but their respective regulatory approaches differ. Diverging from the EU’s human-centric and risk-based approach with strong protection of workers’ data privacy, China’s approach to regulating AI-driven workplace surveillance and workers’ data privacy protection aims to balance workers’ data protection with a national strategy for AI technological innovation. While both jurisdictions face regulatory challenges in this area, the argument here is that China could learn from the EU in developing a more comprehensive AI regulatory framework that addresses the shortcomings of the draft AI Act in protecting workers’ data privacy
International Journal of Comparative Labour Law and Industrial Relations